paskal
12-20 11:10 PM
/\/\/\/\/\/\/\/\/\/\/\/\
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hope2007
04-18 11:32 PM
I spoke to company attorney they said as long as job description is same and it is commutable distance then you can change job location. There will not be any problem and you do not have to come back to original work location.
paskal
07-29 01:17 PM
good joke too
will try redress your reputation...
will try redress your reputation...
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Suva
04-17 01:43 PM
Hello Frnds,
I would like to share some important information regarding AINP.
AINP Strategic recruiteement stream -U.S Visa holder is open.I directly spoke to the immigration officer.The only change is they are revising the NOC List thats it.I donno why people place messages with Half Knowledge.see u r Noc is in the below URL
WWW.ALBERTACANADA.COM\AINP
OP already mentioned the change was expected in the NOC list [On-Demand occupation list of Alberta]. Nobody told it would be closed after April 15. Did you see all the postings here before blaming others?
I would like to share some important information regarding AINP.
AINP Strategic recruiteement stream -U.S Visa holder is open.I directly spoke to the immigration officer.The only change is they are revising the NOC List thats it.I donno why people place messages with Half Knowledge.see u r Noc is in the below URL
WWW.ALBERTACANADA.COM\AINP
OP already mentioned the change was expected in the NOC list [On-Demand occupation list of Alberta]. Nobody told it would be closed after April 15. Did you see all the postings here before blaming others?
more...
kate123
09-16 03:02 PM
Called all the representatives.... guys it took only 15 minutes.. burn all the fone lines!!!!!!!!its our last chance and only hope...
desi3933
07-07 06:18 PM
Gurus, need a lil help clarifying issue in GC process.
I've a question regarding location of work place for a H1B employee filing GC process.
I've learnt that either after filing I-140 or I-485 stage, one should maintain as an employee at the same job position(job description as mentioned in LC) and also the geographical location. I've learnt instances where if an employee is half way through (lets say approved labor or I-140) his GC process has to start all over if he had to move to another branch of the same company in another city/state.
Incorrect. Current location has NOTHING to do with GC job location which for a future job that one need to start AFTER I-485/CP is approved. One can be doing job in NYC and have GC job for Chicago. Probably the best case is when LC mentions "anywhere in USA".
Is this true? I might be wrong about the information above but I'm concerned as being consultant, I might have to move to a different city or state if I find a better project and am contemplating whether this would be an issue in future for my green card.
If I'm right, employer has to file LCA for prevailing wage for current city I'm residing now. What will be the process incase I've to move to another city/state.
I'd really appreciate if someone who has better official info or gone through this can clarify my queries so ppl like me can be better informed.
Thanks in advance.
The current job location should be same as stated in LCA for your current H1. If your LCA says Chicago and you are in Dallas then you are NOT in valid H1-B status and consider consulting an attorney for legal advice.
Out of Status > 180 days is one good enough ground to dny I-485 application. For more details on "out of status" scenarios, please refer to my old posts.
_________________
Not a legal advice
I've a question regarding location of work place for a H1B employee filing GC process.
I've learnt that either after filing I-140 or I-485 stage, one should maintain as an employee at the same job position(job description as mentioned in LC) and also the geographical location. I've learnt instances where if an employee is half way through (lets say approved labor or I-140) his GC process has to start all over if he had to move to another branch of the same company in another city/state.
Incorrect. Current location has NOTHING to do with GC job location which for a future job that one need to start AFTER I-485/CP is approved. One can be doing job in NYC and have GC job for Chicago. Probably the best case is when LC mentions "anywhere in USA".
Is this true? I might be wrong about the information above but I'm concerned as being consultant, I might have to move to a different city or state if I find a better project and am contemplating whether this would be an issue in future for my green card.
If I'm right, employer has to file LCA for prevailing wage for current city I'm residing now. What will be the process incase I've to move to another city/state.
I'd really appreciate if someone who has better official info or gone through this can clarify my queries so ppl like me can be better informed.
Thanks in advance.
The current job location should be same as stated in LCA for your current H1. If your LCA says Chicago and you are in Dallas then you are NOT in valid H1-B status and consider consulting an attorney for legal advice.
Out of Status > 180 days is one good enough ground to dny I-485 application. For more details on "out of status" scenarios, please refer to my old posts.
_________________
Not a legal advice
more...
ivar
02-07 09:43 AM
Congrats ivar - you are now a free man!!
My humble request - please do contribute to the cause that held you back for so long. If not financially, then through your efforts in advocacy & legislator meetings - every little bit counts.
GCHope2011, I haven't stopped contributing yet and planning to continue my contribution (Donation) for a while (maybe another 6 months). I have this habit of visiting IV everyday, so i am checking back today.
My humble request - please do contribute to the cause that held you back for so long. If not financially, then through your efforts in advocacy & legislator meetings - every little bit counts.
GCHope2011, I haven't stopped contributing yet and planning to continue my contribution (Donation) for a while (maybe another 6 months). I have this habit of visiting IV everyday, so i am checking back today.
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ivvm
04-01 02:08 AM
Your application will be processed for completion once your PD gets current!
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GCchakravyuh
07-13 11:58 AM
you never know 'huge change in 24 hrs is ' actually a stunt to shut us up from the rally:rolleyes:
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arjunpa
10-07 10:17 PM
Thanks for the replies martinvisalaw and simple1
Sorry to bump this thread, but I wanted to provide an update as to where I am right now.
If it helps, the Notice of Action I received is a I-797B instead of the usual I-797A stating - a petition has been approved for classification requested, it has been determined that the applicant is not eligible for requested extension of stay.
This is where I am stuck at,
I have contacted a lawyer (through a friend) and he advised that I should get a new VISA stamped by going to my home country or file I-824 to change the consulate to one I wish to attend.
My lawyer still says, all I need to do is exit/enter through a POE to obtain the missing I-94
I also have an appointment with a reputed law firm tomorrow (their advice would also be helpful)
All I am trying to do in the process is to reach a safest/correct option.
Any more suggestions? Thanks in advance.
Sorry to bump this thread, but I wanted to provide an update as to where I am right now.
If it helps, the Notice of Action I received is a I-797B instead of the usual I-797A stating - a petition has been approved for classification requested, it has been determined that the applicant is not eligible for requested extension of stay.
This is where I am stuck at,
I have contacted a lawyer (through a friend) and he advised that I should get a new VISA stamped by going to my home country or file I-824 to change the consulate to one I wish to attend.
My lawyer still says, all I need to do is exit/enter through a POE to obtain the missing I-94
I also have an appointment with a reputed law firm tomorrow (their advice would also be helpful)
All I am trying to do in the process is to reach a safest/correct option.
Any more suggestions? Thanks in advance.
more...
linuxra
07-23 02:31 PM
I got an rfe on employment v l and history of 5 year in oct 2009 replied dec 2009
after that no update?how abt u?
after that no update?how abt u?
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saro28
10-30 09:08 PM
Hello ncgc, Please post your experience once you get the card back. My spouse (filed seperate) has the the same issue. She received the EAD card with wrong photo and today she received the AP with the wrong photo as well. We are going to send it back to the lawyer, so he can follow up with INS. Is your AP photo looks ok?
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wellwishergc
04-10 07:01 PM
I think since your labor is cleared, you should be fine with going ahead with the H1 extension for 1 year. As I said, if you had your I-140 cleared, then you could have applied for a 3 year extension. The 365 day rule applies in case your labor is in the pending state. Let us assume that your labor is NOT approved. In such a case your labor should be pending more than 365 days prior to the expiry date of your current H1B. If not, you are not eligible for extension and you have to leave the country. Your case is different.
Please consult an attorney such as Murthy or Rajeev Khanna to get a confirmed approach.. They may charge you 100$ for a half an hour to 1 hour consultation, but it will be worth it. Better be right at the outset than be sorry later.
Thanks wellwishergc,
I need to clarify one thing though, my I-140 (which will be applied soon) is not pending for more than 365 days. Am I still eligible to file for 7th year?
Other thing is I also have a LC pending in PBEC (AD March 2005), but I am not with that employer and do not have any document/case number for that LC. Chances of getting these the that employer are bleak.
-Madhuri
Please consult an attorney such as Murthy or Rajeev Khanna to get a confirmed approach.. They may charge you 100$ for a half an hour to 1 hour consultation, but it will be worth it. Better be right at the outset than be sorry later.
Thanks wellwishergc,
I need to clarify one thing though, my I-140 (which will be applied soon) is not pending for more than 365 days. Am I still eligible to file for 7th year?
Other thing is I also have a LC pending in PBEC (AD March 2005), but I am not with that employer and do not have any document/case number for that LC. Chances of getting these the that employer are bleak.
-Madhuri
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abhijitp
01-27 11:47 AM
^^
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for_ac21iv
06-01 03:21 PM
Hellow Anindya,
Thank you for pointing the petition.
I saw the petition, and I see that there are some 251 signatories.
Whats next with it ? Can we use that to "lobby" ?
Let us all know about it. So we can make it effective.
Keep posting thank you.
regards,
You guys might want to check out my online petition:
http://www.petitiononline.com/legalimm/petition.html
Thank you for pointing the petition.
I saw the petition, and I see that there are some 251 signatories.
Whats next with it ? Can we use that to "lobby" ?
Let us all know about it. So we can make it effective.
Keep posting thank you.
regards,
You guys might want to check out my online petition:
http://www.petitiononline.com/legalimm/petition.html
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LostInGCProcess
09-19 05:12 PM
as I was not getting a corp to corp job for more than a year.I desperately need to work.now I am on a project for 3 months and it will end soon also.but this company wants to hire me full time. thats why I want to join them with EAD and when my h1b approves I will get it stamped and reenter..
You can continue to work with the company from the day they apply for your H1(of from the day you get the receipt of h1 application)....you don't have to wait till you get an approved H1.
You can continue to work with the company from the day they apply for your H1(of from the day you get the receipt of h1 application)....you don't have to wait till you get an approved H1.
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fuzzy logic
07-01 02:06 PM
The amended H-1B by itself will not be an issue when it comes to GC.
My question was more about why for "rajuseattle" there was going to be AC21 since his job location has not changed.
In your case, you have mentioned that you are going to accept more responsibility than that has been stated in PERM, so AC21 is inevitable. As long as you are in the same line of work, I think you should be okay.
Anyone else has inputs for "fuzzy logic"?
sledge hammer - Thanks for your clarification. I hope my company will be willing to amend my H1B.
I appreciate everyone's suggestion on this issue. As for AC21 - my take is that it is a slam dunk if the new and old title fall in the same ONET code or is a related job under the same code. Other wise it gets tricky. This is my take on it, but there are varied interpretations out there.
My question was more about why for "rajuseattle" there was going to be AC21 since his job location has not changed.
In your case, you have mentioned that you are going to accept more responsibility than that has been stated in PERM, so AC21 is inevitable. As long as you are in the same line of work, I think you should be okay.
Anyone else has inputs for "fuzzy logic"?
sledge hammer - Thanks for your clarification. I hope my company will be willing to amend my H1B.
I appreciate everyone's suggestion on this issue. As for AC21 - my take is that it is a slam dunk if the new and old title fall in the same ONET code or is a related job under the same code. Other wise it gets tricky. This is my take on it, but there are varied interpretations out there.
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GCNirvana007
04-08 04:50 PM
Also, did you know we have some action items? and did you notice some people donate time and money?
Winner - Thanks for the recommendation. You should have stopped right there. I ask questions to understand how it functions and whats going on. If you dont know the answer. Just be quiet. Stop making smartass comments. I dont have time go back and forth on it.
Winner - Thanks for the recommendation. You should have stopped right there. I ask questions to understand how it functions and whats going on. If you dont know the answer. Just be quiet. Stop making smartass comments. I dont have time go back and forth on it.
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GCwaitforever
06-03 11:08 PM
Sen. Sessions relied on Heritage Foundation report (Robert Rector) extensively. Does any body know the history of Heritage Foundation and who is the engine behind it?
Aah_GC
07-16 04:01 PM
I agree. These days I freak out when I go to Murthy's website. All that verbose is just a sneeze's worth of what you read in this site. I am almost allergic of murthy.com.
You've got to hand it to these attorneys. They have a way of writing a lot without saying anything.
Sheela Murthy excels in this art. In this situation, should we still file for 485 or not? She will write a whole page on this and finally say you have to make that decision yourself.
Thank you, but I already know that one!
You've got to hand it to these attorneys. They have a way of writing a lot without saying anything.
Sheela Murthy excels in this art. In this situation, should we still file for 485 or not? She will write a whole page on this and finally say you have to make that decision yourself.
Thank you, but I already know that one!
nyckings
10-15 12:44 PM
My wife attended for H4 stamping at Hyderabad consulate yesterday, 10/13/09. The consulate officer was asking for my current visa copy even though my wife gave my H1B extension approval copy with valid I-94.
Here is the immigration status so far:
1. Current H1 valid from Oct 09-Sep 11 with I-94
2. Earlier changed from L1 to H1 in April 2007. Then traveled to India using AP as I filed for 485 in Aug 07.
3. Had L1 visa stamping in Jan 2006.
So my old passport has L1 visa and new passport has AP stamp. Now I am thinking to answer the US Consulate Hyderabad explaining my current status - that I have a approved H1 petition but no visa stamping.
Please let me know your suggestions!!! Is there any chance that the visa can be rejected and revoked.
Now my last option is to apply for AP for my wife while she is in India.
Can I apply for AP when she is in India?
Thanks
Here is the immigration status so far:
1. Current H1 valid from Oct 09-Sep 11 with I-94
2. Earlier changed from L1 to H1 in April 2007. Then traveled to India using AP as I filed for 485 in Aug 07.
3. Had L1 visa stamping in Jan 2006.
So my old passport has L1 visa and new passport has AP stamp. Now I am thinking to answer the US Consulate Hyderabad explaining my current status - that I have a approved H1 petition but no visa stamping.
Please let me know your suggestions!!! Is there any chance that the visa can be rejected and revoked.
Now my last option is to apply for AP for my wife while she is in India.
Can I apply for AP when she is in India?
Thanks
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